You can disagree with his BUT HE HAS F-ING CREDENTIALS behind his opinion. What are your legal credentials? Are you a lawyer? Or do you Google shit like I do?NS8401 wrote:He's got just as much an opinion as I do... I don't get your point and I disagree with his...craig11152 wrote:I don't know what your credentials are but here is what a University of Texas law professor and CNN contributor says...NS8401 wrote:If he's negotiating with the Russians to reduce sanctions on them once Trump takes office but he is doing so in an unofficial capacity (not yet NSA) then he is still a private citizen and is interfering in the relations between the USA and another government, something that the law expressly forbids... this isn't rocket science... it's quite simple actually...The fact that we can each "Google that shit up" doesn't actually make us experts."The Logan Act "is a relic of a bygone era," said Steve Vladeck, a CNN contributor and law professor at University of Texas School of Law.
"It gets trotted out every time there's a political disagreement when someone who is not the president touches on foreign policy," Vladeck said. "It's the old chestnut that everyone quotes and no one understands."
The Logan Act likely won't be used here, and it may not even be enforceable at all anymore, Vladeck said.
The law essentially criminalizes speech, he said, and the Supreme Court looks very skeptically at laws that may infringe upon that right.
In addition, the law's mention of a person acting "without authority of the United States" could be an escape hatch, Vladeck has written.
Flynn wasn't simply a private citizen; he was an adviser to the President-elect and soon would be given diplomatic powers. Legally speaking, his role may have granted him the "authority" to talk sanctions with Kislyak, Vladeck's interpretation suggests.
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Michael Flynn Resigns
- craig11152
- Posts: 2049
- Joined: Tue Nov 06, 2007 8:15 am
- Location: Ann Arbor
Re: Michael Flynn Resigns
I no longer directly engage trolls
Re: Michael Flynn Resigns
Doesn't mean that in some aspects it shouldn't be.Lester The Nightfly wrote:Bryce wrote: So running the government is not like running a business. Got it.
New York and Chicago were all in with respect to their sanctuary status — until they were hit with the challenge of actually providing sanctuary. In other words, typical liberal hypocrisy.
Re: Michael Flynn Resigns
I read the law... it's not a complicated wording like you'd find today... it's very straight forward... I've also heard other opinions that correspond to mine.... he's the only person interpreting things that way that I've seen... do I have to be a lawyer to disagree or have a differing opinion? I'm not sure why you're coming at me with a stick up your ass on this?craig11152 wrote:You can disagree with his BUT HE HAS F-ING CREDENTIALS behind his opinion. What are your legal credentials? Are you a lawyer? Or do you Google shit like I do?NS8401 wrote:He's got just as much an opinion as I do... I don't get your point and I disagree with his...craig11152 wrote:I don't know what your credentials are but here is what a University of Texas law professor and CNN contributor says...NS8401 wrote:If he's negotiating with the Russians to reduce sanctions on them once Trump takes office but he is doing so in an unofficial capacity (not yet NSA) then he is still a private citizen and is interfering in the relations between the USA and another government, something that the law expressly forbids... this isn't rocket science... it's quite simple actually...The fact that we can each "Google that shit up" doesn't actually make us experts."The Logan Act "is a relic of a bygone era," said Steve Vladeck, a CNN contributor and law professor at University of Texas School of Law.
"It gets trotted out every time there's a political disagreement when someone who is not the president touches on foreign policy," Vladeck said. "It's the old chestnut that everyone quotes and no one understands."
The Logan Act likely won't be used here, and it may not even be enforceable at all anymore, Vladeck said.
The law essentially criminalizes speech, he said, and the Supreme Court looks very skeptically at laws that may infringe upon that right.
In addition, the law's mention of a person acting "without authority of the United States" could be an escape hatch, Vladeck has written.
Flynn wasn't simply a private citizen; he was an adviser to the President-elect and soon would be given diplomatic powers. Legally speaking, his role may have granted him the "authority" to talk sanctions with Kislyak, Vladeck's interpretation suggests.
Just because he's a lawyer doesn't make him 1) a good lawyer who knows his stuff or 2) correct...
If he claims it's not enforceable then let's test that in court and get rid of it... but to say "well... uh, um, uh, I think it is too old to use and it's really not used so it's not valid.. um, uh, um"... seems like bullshit to me... it's still on the books, trying to enforce it is not abstract based on its age... if you want to ignore it you might as well repeal it...
Re: Michael Flynn Resigns
Pardon me if I take the opinion of Stephen over yours...
Stephen Vlaceck is an award winning legal scholar, known for his work on the prosecution of war crimes.[1][2] He is currently at University of Texas School of Law.[3][4][5][6]
Vladeck's Bachelor Degree is from Amherst College, and his law degree is from Yale Law School. While at Yale, he was the executive director of the Yale Law Journal, and was the student director of the Balancing Civil Liberties & National Security Post-9/11 Litigation Project. He was awarded two prizes there -- Potter Stewart Prize and Harlan Fiske Stone Prize.
Vladeck clerked for Marsha Berzon and Rosemary Barkett—judges on the 9th and 11th Circuit Court of Appeals. He worked on the legal team managed by Neal K. Katyal that successfully challenged the Constitutionality of George W. Bush's President Guantanamo Military Commissions.
New York and Chicago were all in with respect to their sanctuary status — until they were hit with the challenge of actually providing sanctuary. In other words, typical liberal hypocrisy.
Re: Michael Flynn Resigns
Good for him.... I don't see why I shouldn't be allowed to have an opinion... when did it become a crime to have an opinion differing from an "expert?"Bryce wrote:Pardon me if I take the opinion of Stephen over yours...
Stephen Vlaceck is an award winning legal scholar, known for his work on the prosecution of war crimes.[1][2] He is currently at University of Texas School of Law.[3][4][5][6]
Vladeck's Bachelor Degree is from Amherst College, and his law degree is from Yale Law School. While at Yale, he was the executive director of the Yale Law Journal, and was the student director of the Balancing Civil Liberties & National Security Post-9/11 Litigation Project. He was awarded two prizes there -- Potter Stewart Prize and Harlan Fiske Stone Prize.
Vladeck clerked for Marsha Berzon and Rosemary Barkett—judges on the 9th and 11th Circuit Court of Appeals. He worked on the legal team managed by Neal K. Katyal that successfully challenged the Constitutionality of George W. Bush's President Guantanamo Military Commissions.
My objection to his opinion is philosophical... if you're going to pass a law and then ignore it then why pass it at all? Why not repeal it then and erase all question and stop people from "trotting it out" everytime something that seemingly applies occurs?
Re: Michael Flynn Resigns
Well, it's like this. While you are certainly entitled to an opinion, the amount of weight given to said opinion by the reader is influenced by your background, or lack thereof, coupled with the somewhat cocksure manner in which you present it.NS8401 wrote: Good for him.... I don't see why I shouldn't be allowed to have an opinion... when did it become a crime to have an opinion differing from an "expert?"
Remember your objection to Betsy DeVos? The fact that she hadn't even attended a public school? Same situation here.
New York and Chicago were all in with respect to their sanctuary status — until they were hit with the challenge of actually providing sanctuary. In other words, typical liberal hypocrisy.
Re: Michael Flynn Resigns
I wasn't the only one with said objection... a certain right leaning car agreed with me...Bryce wrote:Well, it's like this. While you are certainly entitled to an opinion, the amount of weight given to said opinion by the reader is influenced by your background, or lack thereof, coupled with the somewhat cocksure manner in which you present it.NS8401 wrote: Good for him.... I don't see why I shouldn't be allowed to have an opinion... when did it become a crime to have an opinion differing from an "expert?"
Remember your objection to Betsy DeVos? The fact that she hadn't even attended a public school? Same situation here.